O R D E R

Heard Mr. A.R.Nixon, Learned Counsel for the Petitioner and Mr. M.R.Gokula Krishnan, Learned Additional Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2. The husband of the Petitioner, viz., K.Chinnasamy, had been engaged as Sanitary Worker initially on daily wages from 07.10.1999 by the Fourth Respondent and his services were regularized with effect from 23.02.2006 as per G.O. Ms. No. 21, Municipal Administration and Water Supply Department dated 23.02.2006. After he died on 02.09.2014 while in service, the Petitioner had sought for payment of family pension, but it was rejected by Order in Moo. Mu. No. 474/NaOSa(1)/2015 dated 13.01.2015 passed by the Third Respondent stating that as the appointment of the said K.Chinnasamy in regular service was after 01.04.2003, the Petitioner was not eligible for family pension as per Rule 11(4) of the Tamil Nadu Pension Rules, 1978 (hereinafter referred to as 'the Pension Rules' for short). The Petitioner has filed this Writ Petition challenging the said order with consequential direction to the Respondents to pay family pension along with death cum retirement gratuity with interest at the rate of 18% to her until the date of payment.

3. In order to examine the claim made by the Petitioner, it would be necessary to extract Rule 11(4) of the Pension Rules, which has been introduced by way of amendment by G.O. (Ms) No. 41, Finance (Pension) Department dated 09.02.2010, as follows:-

“ Half of the service rendered under the State Government in non-provincialised service, consolidated pay, honorarium or daily wages basis on or after 1st January 1961 in respect of Government employees absorbed in regular service before 1st April 2003 shall be counted for retirement benefits along with regular service, subject to the following conditions, namely:-

(i) Service rendered in non-provincialised service, consolidated pay, honorarium or daily wages basis shall be in a job involving whole time employment;

(ii) Service rendered shall be on consolidated pay, honorarium or daily wages basis paid on monthly basis and subsequently absorbed in regular service under the State Government;

(iii) Service rendered in non-provincialised service, consolidated pay, honorarium or daily wages basis shall be followed by absorption in regular service before 1st April 2003 without a break.

Provided that this sub-rule is applicable to all employees who rendered service under the State Government in non-provincialised service, consolidated pay, honorarium or daily wage basis on or after 1st January 1961 and absorbed in regular service before 1st April 2003.

Provided further that wherever there was break in service before their absorption in regular service before 1st April 2003, the same shall be specifically condoned by the orders of the Head of Departments, in which the employees were regularly absorbed and such period of break, shall not count for the purpose of pensionary benefits.”

The Full Bench of this Court in Government of Tamil Nadu -vs- R.Kaliyamoorthy (Order dated 03.12.2019 in W.A. Nos. 158 of 2016 etc., batch) has examined the question as to whether the persons who had been appointed in regular service after 01.04.2003 would be entitled to receive pension under the Rules and answered the same as follows:-

“ (i) Those who are freshly appointed on or after 01.04.2003 are not entitled to pension in view of proviso to Rule 2 of the Tamil nadu Pension Rules, 1978 inserted by G.O.Ms. No.

259, dated 06.08.2003.

(ii) Those Government servants/employees appointed prior to 01.04.2003 whether on temporary or permanent basis in terms of Rule 10 (a)(i) of Tamil Nadu State and Subordinate Service Rules will be entitled to get pension as per the Tamil Nadu Pension Rules, 1978.

(iii) In case, a Government employees/servant had also rendered service in non-provincialised service, or on consolidated pay or on honorarium or daily wage basis and